Foss Investment Co. v. Ater

Citations

• 49 Wash. 446
• 95 P. 1017
• 1908 Wash. LEXIS 603

Syllabus

<p>Brokers- — Authority-—Agent for Owner — Acting in Own Interest — Vendor and Purchaser — Contract. A real estate broker acting pursuant to authority initiated by his letter to the owner stating “I can sell your lot,” and asking the best price, is a selling agent only, without authority to make a binding contract of sale, upon receipt of a letter from the owner stating that she will take a certain sum net, where the owner had no notice that the broker was attempting to purchase in his own interest.</p> <p>Same. A sale of real estate is voidable at the option of the owner, where the broker was acting as selling agent. for a nonresident owner, and knew that the property was rapidly increasing in value, but failed to communicate that fact to the owner, and made a sale for his own practical benefit to a corporation controlled and owned by him, without the knowledge of the owner that the agent was interested in the sale.</p> <p>Vendor and Purchaser — Contract—Specific Performance. No binding contract of sale that can be specifically enforced against the owner is shown by a nonresident owner’s letter offering to take $800 net, and a telegram from the agent “offer accepted” without tender of the money, especially where the owner replied by wire -that she was awaiting guarantee of the cash; and deposit of the cash in a bank with request for telegraphic acceptance of such deposit, is not sufficient to bind the sale where the owner never accepted such deposit, but, upon hearing thereof, answered that the lot was sold.</p> <p>Same — Brokers—Authority to Sell. A nonresident owner of real estate, who had listed her property for sale with a Philadelphia broker, is not bound by a contract of sale entered into by a local broker at Tacoma, Washington, for the price of $800, subject to the owner’s approval, where the local broker undertook to obtain the owner’s consent to the sale by negotiations through the Philadelphia broker, who represented the deal as an offer of $700 net to th